Passmore v. Baylor Health Care System

Citation:
Case No. 15-10358 (May 19, 2016 5th Cir.)
Tag(s):
Ruling:
REVERSED and remanded district court decision that held the expert report requirements of Texas Civil Practice and Remedies Code 74.351 applied in federal court. The 5th Circuit held that Section 74.351's requirement that a plaintiff with a health care liability claim serve nlt 120 days after the date of defendant's original answer one or more expert reports with a curriculum vitae for each physician or health care provider against whom liability is asserted does not apply to federal court because Section 74.351 directly collides and is in conflict with Federal Rules of Civil Procedure 26 and 37.
Procedural context:
Passmores brought health care liability suits against Baylor Health Care System and others in federal court under court's bankruptcy jurisdiction. Defendant moved to dismiss because Passmores failed to serve an expert report in accordance with Texas Civil Practice Code 74.351's requirements and the district court accepted Defendant's position and dismissed with prejudice. Passmores filed appeal and issue was whether Section 74.351 applied to federal courts.
Facts:
Passmore had two back surgeries that caused permanent damage to his spine. Passmores then brought health care liability suits against Baylor Health Care System and others in federal court under court's bankruptcy jurisdiction because the doctor who performed the surgeries had previously filed for bankruptcy. Defendants moved to dismiss because Passmores failed to serve an expert report in accordance with Texas Civil Practice Code 74.351's requirements and the district court accepted Defendant's position and dismissed with prejudice. Passmores filed appeal and issue was whether Section 74.351 applied to federal courts.
Judge(s):
Davis, Barksdale and Dennis, Circuit Judges.

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